Terms and Conditions

Website Terms and Conditions

Website Terms and Conditions (effective 1st July, 2016)

1. About the Website

1.1. Welcome to www.claybykhoa.com.au (the ‘Website’). The Website provides you with an opportunity to read about the ceramic artist Khoa Edgecombe, and to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).

1.2. The Website is operated by Khoa Edgecombe (ABN 42 823 063 370), trading as Clay by Khoa. Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Clay by Khoa. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.

1.3. Clay by Khoa reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Terms are updated, Clay by Khoa will provide you with notice of this via a message on the front page of the Website, which will be available for viewing for at least thirty days after the terms have been updated. Any changes to the Terms take immediate effect from the date of their publication.

2. Acceptance of the Terms

2.1. You accept the Terms by remaining on the Website. You may also accept the Terms by clickng to accept or agree to the Terms where this option is made available to you by Clay by Khoa in the user interface.

3. Your Obligations

3.1. You agree that you will use the Website and the Purchase Services only for purposes that are permitted by the Terms, and by any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

4. Purchase of Products

4.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).

4.2. All prices listed on the Website are in Australian dollars, and do not include GST (Clay by Khoa is not registered for GST, therefore no GST is applied to any Purchase Price or shipping).

4.3. All prices are subject to change without notice. In the event that an item is listed at an incorrect price, Clay by Khoa reserves the right to limit, refuse or cancel any order placed at the incorrect price.

4.4. Prices do not include freight, and this will be added at checkout. An indication of freight charges are given on each product page.

4.5. Payment in full is required before goods will be sent to you.

4.6. Payment of the Purchase Price is made through the third party provider, Stripe (the ‘Payment Gateway Provider’). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Provider. These details may be found on the website for Stripe (https://stripe.com.au).

4.7. Clay by Khoa does not store your credit card details.

4.8. Following payment of the Purchase Price being confirmed by Clay by Khoa, you will be issued with a receipt to confirm that the payment has been received, and Clay by Khoa may record your purchase details for future use.

5. Freight Charges, Delivery and Product Availability

5.1. Freight is not included in the cost of goods, and will be added at checkout.

5.2. Current freight charges are stated on each product page.

5.3. Orders will be delivered via courier or Australia Post (the ‘freight carrier’), at the discretion of Clay by Khoa, and may require a signature on delivery. Delivery times will differ depending on the size of the Purchase and the delivery location.

5.4. Clay by Khoa will endeavour to pack your order and deliver it to the freight carrier as soon as possible, preferably within seven days of receipt of your order. Where this is not possible, Clay by Khoa will contact you with a revised estimate of delivery. In the instance where delivery to the freight carrier cannot be made within seven days, you may choose to cancel the order, with the Purchase Price being refunded in full (including shipping costs). This request to cancel the order must be made by e-mail sent to info@claybykhoa.com.au.

5.5. Once your order has been delivered to the freight carrier, Clay by Khoa will send you a tracking number (if this has been provided by the freight carrier).

5.6. Please ensure that you provide your delivery details accurately, as any costs incurred by Clay by Khoa due to an incorrect delivery address being provided by you will be your sole responsibility.

5.7. Store inventory is controlled automatically, and while Clay by Khoa endeavours to keep this as accurate as possible, due to unforeseen circumstances, the Product you have purchased may be unavailable. If this occurs, Clay by Khoa will contact you as soon as possible to advise of an approximate delivery date by which your order can be made and delivered. Alternatively, where this situation arises you may choose an alternative product, or to have the Purchase Price refunded in full (including shipping costs).

5.8. Clay by Khoa reserves the right not to sell to any prospective customer for any reason.

6. International Orders

6.1. Currently, Clay by Khoa only ships order to Australia, however you are welcome to contact Clay by Khoa regarding a potential order using the contact details provided on the Website.

7. Return of Goods

7.1. All goods must be checked by you on arrival, and any claim in regards to shortage, incorrect or damaged goods must be made via e-mail to Clay by Khoa within 24 hours of receipt of the goods. Any claims made after this time will not be considered.

7.1.1. In the event that your goods arrive damaged, please e-mail a photo of the damaged goods to Clay by Khoa within 48 hours of receiving the goods, and a refund or replacement can be arranged (this choice is at the discretion of Clay by Khoa).

7.2. If you are not satisfied with the Product purchased from Clay by Khoa, you are welcome to return it for a refund. The following conditions apply to product returns:

7.2.1. You must notify Clay by Khoa within seven days of receiving your order of your intention to return the Product or Products.

7.2.2. The refund will be for the Purchase Price of the Product or Products only, and will not include the cost of shipping incurred by you.

7.2.3. Return shipping is at your expense.

7.2.4. Goods must be received by Clay by Khoa in undamaged condition within fourteen days of receiving your goods.

7.2.5. Refunds will not be processed until such time as goods have been received by Clay by Khoa and checked to ensure that they have been returned in the same condition as they were sent to you.

8.1. Each item offered for sale by Clay by Khoa is a unique piece that is hand made by Khoa Edgecombe. No two pieces will be identical in terms of size, shape and colour, even though they may be described the same way in the product page. Variations in size between pieces, and variations in glazing and finishing will occur.

8.2. Photographs depicting works by Khoa Edgecombe are representative only, and while every effort has been made to accurately represent each item on the website, many factors can contribute to the photograph not giving a truly accurate image.

8.3. The ceramic process comprises many potential sources of variability, and consequently, no two pieces are ever exactly alike. With this in mind, you are reminded that the aforementioned variability will not be considered to be a fault in the product.

9. Warranty

9.1. Clay by Khoa’s Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the product. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the ‘Warranty’).

9.2. You may make a claim under this clause (the ‘Warranty Claim’) for material defects and workmanship in the Products within 12 months from the date of purchase (the ‘Warranty Period’).

9.3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Clay by Khoa showing the date of purchase of the Products, provide photographic evidence of the proposed fault in the product, and the price paid for the Product by sending written notice to Clay by Khoa at PO Box 441, Daw Park, SA 5041, or by e-mail at info@claybykhoa.com.au.

9.4. Where the Warranty Claim is accepted then Clay by Khoa will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

9.5. The Warranty does not apply to any appearance of the supplied Products, nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

10. Copyright and Intellectual Property

10.1. The Website, the Purchase Services and all of the related Products of Clay by Khoa are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the Website (including text, graphics, video images and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Clay by Khoa or its contributors.

10.2. Clay by Khoa retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you the business name, trading name, domain name, trade mark or copyright of Clay by Khoa; or the right to use or exploit a business name, trading name or domain name.

10.3. You may not, without the prior permission of Clay by Khoa and permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

11. Privacy

11.1. Clay by Khoa takes your privacy seriously and any information provided through your use of Website and/or the Purchase Services are subject to Clay by Khoa’s privacy policy.

12. General Disclaimer

12.1. You acknowledge that Clay by Khoa does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

12.2. Clay by Khoa will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes and colours may differ from what is displayed on the Website.

12.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

12.4. Use of the Website, the Purchase Services, and any of the products of Clay by Khoa is at your own risk.

13. Limitation of Liability

13.1. Clay by Khoa’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Clay by Khoa is the resupply of information or Purchase Services to you.

13.2. Clay by Khoa will not be liable to you for any direct, indirect, incidental or consequential loss or damage which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit or opportunity (either incurred directly or indirectly), or any damage to goodwill or loss of business reputation arising out of or in connection with these Terms (including as a result of not being able use the Purchase Services, or the late supply of goods by Clay by Khoa).

13.3. Clay by Khoa is not responsible or liable for the content of third party website which may be linked to by Clay by Khoa, and this information is provided for your convenience only.

14. Contact Details

14.1. Any queries arising from your use of the Website may be directed to Clay by Khoa in writing, or by phone, using the contact details below: